Off Roster Transfer Question

[auburnfirearms]

Hello, I had a quick question for other FFL's out there about off-roster handguns. I am a new FFL (1 year or so).

Is there any way I can purchase an off-roster handgun currently located in CA for my inventory if it is purchased from a private party? It sounds weird and I know it's probably a no-go, but I was curious if there were any workarounds that I am unaware of.

I have found a weapon (off-roster) that I know I can sell in a couple weeks to a customer that doesn't quite have the money right now. Can I purchase it, hold it for a bit, and then sell it to that customer?

Is the better way just to do a face to face PPT?

Thanks for the info.

[auburnfirearms]

Followup question, could I simply purchase the handgun for myself (PPT) and then do a PPT to my customer when the time comes?

[kemasa]

You can purchase an off-roster firearm for your inventory, but can only transfer it to someone who is exempt unless the transfer is exempt, such as a PPT, but having it go into your inventory is not a PPT. If you have a secondhand dealer permit, you can "consign" the firearm and the the transfer would be exempt (have the seller sign the DROS worksheet). There is an issue if the buyer is denied since then the firearm would have to go back to the seller or the police.

A better way would be to do the PPT by means of the DROS worksheet. You can delay submitting the DROS. If you find the buyer the firearm would be subject to sales tax. A PPT requires that both parties go to the same FFL, but they don't have to go at the same time.

In theory, you could do the PPT to yourself, then do a PPT to the customer later, but that is just a bad idea for many reasons.

[auburnfirearms]

Could you elaborate on why it would be a bad idea? I don't want to do anything that is shady, even if technically legal.

[kemasa]

You would be transferring a business firearm to your personal collection for purposes of avoiding the certified list. You would also need to make sure that you do everything for selling a personal firearm within 1 year. If you filled out a 4473, which you may not have to do, depending on how you are licensed, you would not be the actual buyer/transferee since it would really be for another person. If you don't have to fill out the 4473, then this would not be an issue.

Do you have a secondhand dealer permit? If not, then doing this could be viewed as trying to bypass that requirement. If so, it still could be viewed as trying to bypass the requirement if you don't submit it through the FDAS system.

Overall, it could raise questions as to why you bought a firearm and then sold it, which is fine, unless you mention exactly what you were doing and why. It might not be illegal, but it could annoy government employees, who may then go looking for anything and everything.

It just would be better to do the transfer when the customer has the money and can do the actual transfer. If you have a secondhand dealer permit, then have the seller fill out the DROS worksheet and consign it.